Published Oct 16, 2008
A sign erected in front of the Rock Christian Outreach building on Riverside Drive has been turning heads and raising questions about whether the church may lose its tax-exempt status.
The sign features a graphic image of the decapitated head of a presumably aborted fetus, underneath which are the last names of the three Democratic candidates for federal office who will be on the Nov. 4 ballot — Congressional candidate Ben Ray Lujan, Senatorial candidate Rep. Tom Udall (D-NM) and Presidential candidate Sen. Barack Obama (D-IL). To its right is a happy-looking (living) infant, underneath which are the last names of the Republican candidates for U.S. House, U.S. Senate and President — Dan East, Rep. Steve Pearce (R-NM) and Sen. John McCain (R-AZ), respectively.
“People have been offended,” Valley View Methodist Church Pastor Dennis Heffner said. “I’ve had people very repulsed by it.”
Heffner said people who aren’t even members of his church have approached him to ask his opinion. He said he thinks the sign violates the law.
“I don’t think it’s justified. I think it’s making a clear political statement,” he said. “It’s clearly a very strong statement in support of one political candidate over another.”
Internal Revenue Service (IRS) rules prohibit religious organizations from “political campaign intervention” if they wish to retain their tax-free status. According to a tax guide the IRS published, such organizations are prohibited from participating in any political campaign by advocating for or against any candidate for elective office. “Political campaign intervention” includes candidate endorsements and other “public statements of position” made on behalf of an organization, or even distributing other groups’ literature that is in favor or opposed to particular candidates.
Rock Christian Pastor Michael Naranjo said abortion is an issue more encompassing than politics, so the political arena is fair game.
“That picture tells people what they’re voting for,” he said. “It’s bigger than political.”
Naranjo said as he understands the IRS rules, political activity just can’t be the church’s primary focus. An IRS spokesman said he could not comment on the sign or whether the church is in danger of losing its tax-exempt status.
“Education has been and remains the first goal of the IRS’s program on political activity by tax-exempt organizations,” said Director of the Exempt Organizations Division Lois G. Lerner.
Naranjo has also been holding open houses on Thursday nights at which the church distributes political literature and invites speakers who back Republican candidates or speak on behalf of the Party, including Rio Arriba County Republican Party Chair Geraldine Sanchez. Sanchez let attendees know about a bus tour the State Party was organizing around a pro-life theme. One flyer the church distributed does not even specifically mention the Presidential and Senatorial candidates’ stances on abortion but rather gives their “lifetime conservative vote ranking” as determined by the American Conservative Union. The ranking takes into account the candidates’ voting records on economic matters, social issues, defense and foreign policy.
Naranjo said the flyer was distributed by a separate group and not by his church. He also said Sanchez attended the event on her own.
Separating “issue advocacy” from “campaign intervention” is at the heart of the matter. Tax-exempt organizations can take positions on issues, such as abortion, but even statements that don’t specifically say to vote for or against a candidate can violate the IRS’s rules if the message favors or opposes a candidate. According to the guide, a candidate’s name does not even have to be used to violate the rule; a picture, references to party affiliation or other identifying information can be enough. This election year, Evangelical pastors across the country have openly challenged the IRS’s rules, saying they violate their freedom of speech.
The guide’s “key factors” for separating issue advocacy from campaign intervention include: whether a candidate is identified, whether the statement expresses approval or disapproval with a candidate, whether the statement is made close to an election and whether the statement refers to voting in an election. The sign at Rock Christian Outreach clearly identifies candidates, expresses approval of some and disapproval of others, and was put up within weeks of the Nov. 4 election. The phrase “You will decide” also refers to the election.
Nevertheless, San Juan Catholic Parish Priest Terry Brennan said he thinks Naranjo went right up to the line the IRS drew without crossing it. Brennan has been vocal on social issues in the past. He and Naranjo opposed some of the family planning services provided by a high school health care provider in 2005.
“I personally feel that what (Naranjo) is doing is exactly right,” Brennan said. “The sign simply expresses a reality that a lot of people choose to ignore or not to address.”
Brennan said the sign graphically expresses the reality of abortion and contrasts candidates’ records on the issue. He said Obama has advocated for bills that amount to “infanticide,” and Naranjo’s pointing out that fact keeps him on the right side of the law.
Heffner said he discusses issues at his church and encourages people to vote, but he said he stays away from particular political parties and candidates.
“I think that’s a responsible position as a Christian leader,” he said.
Meanwhile, Interim City Manager Veronica Albin and Interim City Clerk Lucas Gauthier approached Naranjo about the sign last week after several residents called to complain about the sign.
“I told him we had gotten complaints about the signs,” Albin said. “People are really upset.”
Albin said Naranjo eventually asked her and Gauthier to leave.
“He was really upset. He said he expected people to be outraged,” she said.
Naranjo said he did not recognize the city officials and they didn’t have any business cards with which to identify themselves. He said he also got upset when he felt his right to free speech was being questioned.
“I get a little defensive,” he said.
City Planner Cyrus Samii said he also paid Naranjo a visit.
“It hurt a lot of people to see that up there,” Samii said. “It’s a very emotional and a very troublesome issue.”
Samii said the sign doesn’t violate city ordinances, and the city’s Development Code is lax when it comes to temporary political signs. It limits the time of their display to 30 days before an election and five days after, and they are not exempted from a rule that sets the maximum number of square feet for signs on commercial buildings at 300.
“I do not plan to take any action at this point,” Samii said.
Apparently, neither do any of the candidates who appear on the sign. Only Udall was reached for comment and he would not directly comment on the sign.
Naranjo said he would treat the sign as a temporary political one and remove it within five days of the election. He said he has gotten complaints about it, and it has been hit with paint-filled balloons twice. But he said it has also changed minds, so he feels an obligation to keep it up.
“I wish I could take it down now,” he said. “I don’t like having it up there. It’s a horrible sign.”
Felicia Archuleta and Paul Lujan, both of Española, were selling piñon across the street from Rock Christian Outreach Monday. Lujan said he thinks abortion is just a topic Republicans pull out around election time to get votes; he said a non-profit shouldn’t be displaying a sign like that while campaigns are going on.
“That’s a social issue, not a political one,” he said.
Archuleta said she saw a group of children hop out of a black car and throw paint on the sign at one point, so people must be getting upset.
“It’s a rough picture to stare at all day,” she said.